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SOMALI TRADER DENIES FRAUD CHARGES.

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Mohammed Kassim Salat before Milimani Law Courts where he denied charges./PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

A Somali citizen has been charged with obtaining Sh 10 million by false pretense.

Mohammed Kassim Salat appeared before Milimani Chief Magistrate Wendy Kagendo and denied the charges.

Kassim is accused of obtaining Sh10.7 million from Abdirashid Abdullahi Omar by falsely pretending that they would venture into a tender for a supply of food and jet oil to a U.S Military based in Somali.

It is alleged that he committed the offence on January 19, 2021 at Eastleigh shopping center in starehe Sub County.

Court heard that Kassim is a complaint in a different matter and the complainant in this case was the accused. The prosecutor, Anderson Gikunda didn’t get to attend.

He was released on cash bail of Sh1 million with two Kenyan contact persons.

The matter will be mentioned on 18, August for further directions.

BRITON CHARGED WITH FRAUDULENTLY OBTAINING GOODS WORTH SH6 MILLION.

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British national Rohyn Majethia beforea Nairobi court./PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

A British citizen has been charged with fraudulently obtaining goods worth Sh6 million.

Rohyn Majethia appeared before Milimani Chief Magistrate Wendy Kagendo and denied the charges.

The court heard that Majethia obtained the money from Peter Gichobi Muchiri on May 10, 2022, at Allsops area along Thika Super Highway, with intent to defraud. He allegedly committed the offence jointly with others not before court.

The prosecution told the court that he obtained the goods by falsely pretending that he had authority from Equity Bank’s Gigiri Supreme Centre branch to collect the shipment. The shipment comprised original bills of lading.

He is also accused that on May 31, at Kilindini within Mombasa City county, he fraudulently obtained goods worth Sh 6,226,966 (USD 53,221.93, from Mediterranean Shipping Company S.A (MSC) containing Acrylic High Bulk Dyed Spinning Yarns for knitting.

The court ordered him to deposit cash bail of Sh250,000 to secure his release.

REV NTOMBURA HANDED ANOTHER TERM AS THE PRESIDING PRESIDENT OF AFRICA METHODIST COUNCIL.

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Revered Joseph Ntombura with his lawyer Danstan Omari (center) and Kenya Methodist University (KEMU) Deputy Vice Chancellor Dr. Mary Kinoti addressing journalists at Methodist Resort and Conference Center./PHOTO BY IRENE ONYANGO.

BY SAM ALFAN.

Reverend Joseph Ntombura of Methodist Church of Kenya has been re-elected for the third term as the presiding President of Africa Methodist Council.

Rev Ntombura was re-elected by other bishops an election that was conducted at the Methodist Resort and Conference center in Keleleshwa.

The police provided security during the voting period after it emerged there was a plan to interrupt the process.

Other bishop who were elected are from Uganda and a British representative who will reside in Uganda.

The church’s lawyer Danstan Omari warned against plans to grab Kenya Methodist University land, properties and assets valued at over Sh400 billion by state officers and individuals.

Reverend Joseph Ntombura with lawyer Danstan Omari./PHOTO BY IRENE ONYANGO.

The lawyer said that he has instructions from the Church to move to court and recover the institution’s properties.

Last weekend, the leadership of the church protested against plans by wealthy Nairobi businessmen to irregularly acquire its assets.

Ntombura had also claimed that his life was in danger due to the institution’s position to ward off private developers salivating on the prime properties.

He disclosed that the property being targeted by wealthy investors with interest in the higher education sector includes KEMU Nairobi campus and Methodist Resort Centre, which are worth billions of shillings.

MT KENYA BREWERIES DIRECTORS TO BE CHARGED.

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BY IRENE ONYANGO.

A Nairobi court has summoned two directors of Mount Kenya Breweries ltd to appear in court to answer to charges.

Milimani Magistrate Benard Ochoi summoned Solomon Wahome Muteithia,Ceasar Ngoge Wanjau as well as Milestone Ventures Ltd and Mt. Kenya Breweries Ltd over charged of being in possession of excisable goods worth Sh 1,633,025.

The two are out on a free police bond and we’re expected to appear on Monday to answer to the charge but failed to turn up.

They are accused of possession of excisable goods affixed with counterfeit excise stamps.

The fake stamps had been affixed to 16,600 bottles of 250ml each of Sparkle Vodka, occasioning the Kenya Revenue Authority loss of Sh 1,101,825 and value added tax of Sh 531,200.

They allegedly committed the offence on April 9, 2021 at Mt Kenya Breweries Ltd off Nanyuki Timau Road, as directors of Mt Kenya breweries.

They are also accused that on the same date and place, they were found in possession of 15,000 pieces of counterfeit excise stamps which were acquired without the authority of the commissioner.

BLOW TO MCA ASPIRANT AS IEBC DISPUTE RESOLUTION COMMITTEE CANCELS HIS NOMINATION OVER FAILURE TO RESIGN FROM GOVERNMENT AS REQUIRED.

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The Independent Electoral and Boundaries Commission dispute resolution committee chairman Wambua Kilonzo./PHOTO BY S.A.N.

BY SAM ALFAN.

Independent Electoral and Boundaries Commission Resolution committee has revoked nomination of Eric Omwana Basweti for the Bomwagamo Ward in North Mugirango Constituency, Nyamira County.

The Resolution committee chairman Wambua Kilonzo, Irene Masit and Justus Nyang’aya further cancelled clearance and subsequent registration of Omwana to run for the Member of County Assembly for Bomwagamo Ward.

“Considering that the ballot papers for the position of Member of County Assembly in Bomwagamo Ward, North Mugirango Constituency have been printed, this matter shall be referred to the Independent Electoral and Boundaries Commission for its action,” the Wambua led committee ruled.

The committee further ruled that In the event the IEBC elects to defer the election, Omwana’s name shall not be included in the ballot papers or any other position to be vied for in any subsequent by-election.

The decision was arrived at after Shukin Mongare filed a complaint before IEBC Resolution committee seeking declaration that Omanwa is still a public officer and therefore ineligible to be nominated and contest for the MCA seat.

Mongare further urged the committee to cancel the nomination certificate issued to Omanwa by the Returning officer.

The complainant argued that Omanwa had not resigned from the National police service commission where he worked as an accountant by February 9, 2022 as prescribed by law.

He produced an extract of Omanwa’s payslip of April 2022 to show that he was still a public employee.

The committee heard that the letter from NPS dated February 4, 2022 purporting to accept Omanwa resignation was questionable since it was signed by the chairperson.

CJ PROMISES TO SET UP PERMANENT BENCH OF COURT OF APPEAL IN NAKURU TO SPEED UP HEARING OF CASES.

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Chief Justice Martha Koome .

BY NT CORRESPONDENT.

The Judiciary will establish a permanent Court of Appeal bench in Nakuru to clear a backlog of cases arising from the lakeside city and adjoining counties.

The closest Court of Appeal station is based in Kisumu and litigants from Eldoret, Kericho, Baringo and the entire North Rift have file their appeals in Kisumu or Nairobi.

But that is set to change with Chief Justice Martha Koome announcing plans to set a bench of judges for the court in Nakuru.

The CJ stated that following the appointment of seven new Judges of the Appellate Court, the permanent bench at the Nyeri Law Courts which had been temporarily disbanded due to a shortage of Judges, will also be operationalized.

While indicating that the ultimate objective of the Judiciary under the ‘Social Transformation through Access to Justice’, she said her vision was to have a permanent Court of Appeal in all the country’s regions.

Justice Koome said the Court of Appeal as currently constituted had fully embraced virtual/remote hearings, electronic filing, and case management systems to serve as many litigants as possible.

Addressing an induction workshop for the newly appointed Court of Appeal Judges at the Sarova-Woodlands hotel in Nakuru, the CJ urged them to serve the nation with fidelity, integrity and without fear or favor and asked them to deliver justice in a ‘speedy, accessible and consistent manner’.

“Kenyans expect the authority that they have delegated to the judiciary to be exercised with the utmost integrity and in keeping with the sacred principle of furthering the national good,” Justice Koome said.

To inspire confidence and trust, the CJ advised the appointees to embrace fairness, equality, and integrity as their core values in their dealings with the public. She directed them to exhibit independence, impartiality, and consistency in their decisions, while embracing excellence, innovation, and accountability in their work.

The new appointed judges include Paul Mwaniki Gachoka and former High Court Judges Luka Kiprotich Kimaru, Lydia Awino Achode, Fredrick Andango Ochieng, John Mutinga Mativo, Grace Wangui Ngenye and Aroni Abida Ali. Mr Mwaniki is a former member of the Ethics and Anti-Corruption Commission (EACC).

The CJ said the widening of access to justice will be attained through establishing an efficient, cost-effective, accessible, expeditious and fair justice delivery system.

This will include the establishment of a Magistrates’ court in every sub-county and a High Court and Court of equal status in every county.

“I should emphasize that in pursuit of this vision, the Judiciary must remain an independent and impartial institution,” she said.

Despite tremendous achievements in the past years, the Judiciary continues to face challenges such as case backlog and accountability.

Justice Koome said she was committed to restoring public confidence in the Judiciary by dealing firmly and swiftly but fairly with integrity and corruption issues.

“The universal expectation is that the Judiciary should be composed of men and women who are upright, as a Judiciary can only be as good as judges and judicial officers who man the courts,” she said.

“There has been generalized criticism of the entire Judiciary and therefore we have been branded as an institution that has failed to live up to the ideals of what is expected of ethical conduct.”

While reminding judges to be accountable for their actions, the CJ said the Judiciary wants to enhance efficiency, effectiveness, transparency and accountability in complaints-handling mechanisms at the Judicial Service Commission (JSC) and in the office of the ombudsperson.

COURT STOPS BURIAL OF PROSECUTOR AFTER WOMAN CLAIMS BEING SIDELINED.

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Late Senior Assistant Director of Public Prosecutions Fredrick Ashimosi Shitiambasi.

BY SAM ALFAN.

A Nairobi Court has stopped a burial of top prosecutor who was found dead in his house in Nairobi.

Milimani Principal Magistrate Edgar Kagoni issued order restraining Chiromo Funeral Palor from releasing the body of Fredrick Ashimoshi Shitambasi for burial, pending the determination of a case filed by a woman claiming to be his wife.

“A temporary order of injunction is hereby issued restraining the 4th Respondent(Chiromo Funeral Palor) from releasing the body of the late Fredrick Ashimoshi Shitambasi to the 1st and 2nd Respondent (Elikana Sakali Shitambashi and Jennifer Mwvinamo Shitambasi) for burial,” ruled the court.

The court directed the application be served to all parties for hearing.

Lawyer Purity Nyawira Mureithi moved to court seeking to block the burial saying the former prosecutor has been her husband since 2009.

The woman claims that she wedded Ashimoshi on December 12, 2009 at Friend International Centre Ngong Road sanctifying their traditional Marriage into a statutory marriage under the repealed African Christian Marriage and Divorce Act, Cap 151 of the Laws of Kenya.

She says they have lived together as husband and wife in Nairobi cumulatively for 20 years and they are blessed with three children who are now adults.

Lawyer Nyawira says she heard that she was informed of his death on July 25, 2022, at Pioneer Estate House No.32, where he was residing.

She says the cause of death and exact time of death are yet to be ascertained.

“It is within my knowledge through my advocate on record Shadrack Kinyanjui Wambui’s visit at the 4 th Defendant’s facilities on the July 28, 2022 that I was informed that the body of the deceased is booked at the 4th defendant’s facilities by the 1st, 2nd defendants and Augustine, an officer acting on behalf of the 3rd, defendant (OCS Buruburu police station) by Shadrack Kinyanjui Wambui,” she adds.

The woman says she has since been informed that Elikana Sakali and Mwvinamo have performed a postmortem examination on the body with involving her as the rightful widow.

She adds that prior to the death, they lived in a six Bedroom matrimonial house no 433 at Diamond Park 1 estate Likoni Road off Mombasa Road in Nairobi and they had a pending marital dispute and a divorce case before a Nairobi court.

Nyawira says the case is yet to be concluded but she is still legally married to Ashimoshi.

“It is within my knowledge that upon the demise of the deceased, the 1 st and 2nd Defendants/ Respondents alongside other relatives without any colour of right or justification, proceeded to the Pioneer Estate House No.32 where they have set camp and the 1 st and 2nd Defendants/ Respondents have purported to conduct and proceed with the burial plans at the Shinyalu home of the deceased, without including me whatsoever as the legal wife of the deceased, and neither our biological children from participating in the burial rites of their father,” she adds.

SBM BANK TO PAY MAURITIUS BASED LENDER MORE THAN SH892 MILLION DEPOSITED IN COLLAPSED CHASE BANK.

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High Court Commercial Division Judge Wilfrida Okwany.

BY SAM ALFAN.

SBM Bank (Kenya) has been ordered to pay Mauritius-based Afrasia Bank more than Sh892 million which it had deposited in collapsed Chase Bank in 2016.

Justice Wilfrida Okwany ruled that SBM was liable to all the liabilities of the Chase bank Kenya ltd, including the claim by Afrasia Bank claim.

The judge directed the lender to refund the USD 7,500,000, which the Mauritius lender had deposited in 2016 plus an interest rate of 2.35%.

“Judgement is hereby entered in favour of the appellant (Afrasia Bank ltd) in the sum of USD 7,500,000 equivalent to (Sh892, 650,000.00) together with interest and costs,” ruled Judge Okwany.

In the decision, Justice Okwany set aside the arbitral award dated April 23, issued by the arbitrator Mwaniki Gachoka.
The deposit was to mature on April 18, 2016 but Chase Bank was placed under receivership by the Central Bank of Kenya and the Kenya Deposit Insurance Corporation, appointed the receiver.

Afrasia argued that SBM took over the assets and liabilities of Chase bank including the deposit it made in 2016.
Gachoka had dismissed Afrasia claim saying it was against public policy, prompting the appeal.

Afrasia Bank argued that given the agreed position that they deposited USD 7.5 million with chase Bank and given the sale agreement of April 17,208 required the seller to indemnify the purchaser with the funds which it avers it holds, then the Arbitrator erred in law and fact in falling to interpret the applicable statutes in a purposive manner which would achieve the result where no parties would actually lose the funds.

“The Arbitrator erred in law and fact by stating that a conflict existed between the Transfer of business Act, the Banking Act and the Kenya Deposit Insurance Act despite finding that” in so far as the intention of the requisite notices, the Tribunal finds that there is not inconsistences or conflict between the three Acts of parliament is the transfer of business act, the Kenya Deposit Insurance Act and the Banking Act, ” said Afrasia Bank.

Afrasia Bank accused the Arbitrator of introducing and creating doubt as to the party responsible for publishing the notice under section 3(1) of the Transfer of business Act when the law itself and existing practice was clear on this position and the parties themselves were not in doubt.

The judge said SBM did not publish the mandatory notice under the Transfer of Business Act, hence liable for all the liabilities of Chase Bank including the claim by the Mauritius-based lender.

END OR THE ROAD FOR WANJIGI AFTER APPELLATE COURT UPHOLDS DECISION BARRING HIM FROM PRESIDENTIAL CONTEST.

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Businessman Jimmy Wanjigi./PHOTO BY S.A.N.

BY SAM ALFAN.

Businessman Jimi Wanjigi has suffered a major blow after the Court of Appeal rejected his attempt to be included in the presidential ballot papers for the August 8 General Election.

A bench of three judges of the court of appeal said Wanjigi failed to table evidence proving that the electoral body chairman Wafula Chebukati was biased against him.

The appellate court judges said that other than the bland assertion that the chairperson of the Independent Electoral and Boundaries Commission (IEBC) was biased because he had acted as an advocate for the the commission Resolution committee, Wanjigi placed no other material.

“The bias that the appellant apprehension is based on the fact that the chairperson of the 3rd respondent, in his capacity as an advocate had acted for the 1st respondent. Unfortunately, other than stating that it was in a miscellaneous application, the appellant did not give any details about the nature or character of the dispute. Reasonable likelihood has to be demonstrated and is not satisfied by mere suspicion,” said the judges.

Court of Appeal judges comprising of Asike Makhandia,
Kathurima M’inoti and Hellen Omondi
ruled that Wanjigi’s appeal had no merit and dismissed it with costs to the IEBC.

Chebukati declined to clear Wanjigi for lack of a university degree as required by section 22(2) of the Elections Act.

The IEBC chairman also said Wanjigi failed to get at least 2,000 signatures of voters each, from at least 24 counties as required by section 23(1) (d) of the
Elections Act) and there was lack of nomination certificate by Safina party for Wanjigi’s running mate.

HOPE FOR SONKO IN THE BALLOT AS COURT ALLOWS HIM TO CHALLENGE REVOCATION OF HIS NOMINATION.

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Former Nairobi Governor Milke Sonko.

BY SAM ALFAN.

The High Court has granted Mike Sonko reprieve after allowing him to challenge a decision by the electoral body revoking his nomination as Mombasa Gubernatorial candidate for Wiper Party.

Justice John Onyiego allowed Sonko’s application to challenge the decision of the returning officer for Mombasa county and directed him to file the case within two days, serve it to the electoral body ahead of the hearing on August 3.

“The applicant (Mike Sonko) is hereby granted to apply for an order of certiorari to move into this court for purposes of being quashed , the decision of the 1st respondent ( Mombasa County Returning officer Swalha Yusuf) communicated in her letter dated July 18 ,2022, revoking the registration of the applicant as a candidate for the Mombasa County Gubernatorial election scheduled for August 9,2022,” ruled Judge Onyiego.

The former Nairobi county governor is seeking an order to quash decision the Independent Electoral and Boundaries Commission (IEBC) to revoke his nomination days after clearing him to contest the post.

Sonko wants the High Court to declare that he is eligible to contest the position and IEBC, the Mombasa county returning officer and Wiper Democratic party violated his rights by denying him a chance to go vie for the seat.

“It is in the interest of justice this court intervenes at this juncture to arrest illegality or violation of the constitution ,the law and fundamental freedom and right of the applicant (Mike Sonko) and the general members of the public including the electorate to avoid a constitutional crisis and the unjustified limitation and curtailment of Sonko , people of Mombasa County and Wiper Party fundamental rights ,” says Sonko.

Sonko argued that the commission proceeded to revoke his nomination despite being notified that there was case pending before the Supreme court seeking to review a decision upholding his impeachment and another case filed at the East Africa Court of Justice.

He said he served the IEBC chairman Wafula Chebukati and the returning officer with the petitions.

He terms Chebukati’s move as illegal, unlawful unconstitutional.